15 Sep Can a Criminal Record Block Your SA Visa?

Applying for a SA visa while you have a criminal record can be a highly complex process. The South African Immigration Act states that anyone with certain prior criminal convictions may be declared an ‘undesirable’ or even ‘prohibited’ person.

When this happens, it means that you no longer qualify for a visa and that your application can be refused on that basis.

However, having a criminal record does not automatically guarantee that you will be rejected. Rather, your eligibility heavily depends on the nature of your crime and the specific sentence that you have received.

Due to the South African immigration system enforcing strict background and history checks, navigating the system requires careful documentation, complete transparency, and more often than not, professional legal assistance.

How Does a Criminal Record Affect Visa Eligibility?

While having a criminal record might affect your South African visa application, it does not mean that your application will automatically be refused. South Africa’s Immigration Act distinguishes between individuals who are considered ‘prohibited’ and those declared as an ‘undesirable person’.

Certain serious criminal convictions, such as genocide, terrorism, murder, torture, drug-related offences, money laundering, and trafficking, may all lead to an individual being considered a prohibited person. Whereas, according to section 30 of the Immigration Act, people with previous criminal convictions without the option of paying a fine could be classified as undesirable.

However, it is important to remember that the Department of Home Affairs (DHA) approaches each application on a case-by-case basis, meaning that the adjudicator will consider each case and its circumstances individually when making a decision.

Applying for a Visa with a Criminal Record

When applying for a visa, the most important step is not to hide your convictions. You will need to obtain the relevant police clearance certificates as well as supporting court documentation, which will help you determine whether the conviction would potentially classify you as prohibited or undesirable.

When handing in your application, ensure that you also apply for the relevant waiver/exemption while providing evidence outlining why you should be permitted to enter or remain in South Africa despite your record.

It is also recommended for your application to include supporting evidence of rehabilitation and your current circumstances where relevant.

This might include evidence of the amount of time that has passed since the incident, completion of sentence, family circumstances, employment, or any other factors that will support your application.

Depending on the offence and sentence issued, certain older convictions might be capable of being expunged.

The Department of Justice states that, if the circumstances qualify, a person may apply for expungement if 10 years have passed since the original conviction, provided that all requirements are met. However, applicants are advised to first establish what the record currently shows and obtain the appropriate legal guidance before attempting to submit a visa application.

The important thing to take away is this: a criminal record does not necessarily mean that you will never be able to enter South Africa.

However, the nature of the offence, the sentence that was imposed, and your immigration circumstances can determine whether a visa is possible, if a waiver is required, and what supporting evidence should accompany your application.

For someone with a criminal record, it can be particularly important to get the application strategy right before submitting a visa application.

This is where June Luna Immigration Attorney’s professional legal assistance can make a real difference. Our immigration lawyers can assess the conviction against the Immigration Act, determine whether a waiver or other legal remedy is required, and help prepare the supporting representations.

CONTACT US to book your consultation today and let our expert lawyers guide you through this process.